To, February 7th, 2013
Honorable
the Chief Justice,
Punjab
& Haryana High Court, Chandigarh.
SUB; Suggestions
to reduce pendency.
Central Administrative Tribunal (CAT), Armed force tribunal (AFT), Central Govt Industrial Tribunals and State Govt labor Tribunals have no pendency. I give following suggestions for reducing pendency of cases in Hon’ble High Court.
Central Administrative Tribunal (CAT), Armed force tribunal (AFT), Central Govt Industrial Tribunals and State Govt labor Tribunals have no pendency. I give following suggestions for reducing pendency of cases in Hon’ble High Court.
1. Setting
up of Punjab Administrative Tribunals (PAT) and Haryana Administrative
Tribunals (HAT). All service cases of employees of these two states be
transferred to PAT and HAT. This will mean shifting of 20,000 to 40,000 cases
apart from providing employment to many. These cases will be decided early as
in case of CAT and AFT primarily due to specialization.
2. All
writs of employees of state, central government undertakings, semi government
undertakings or PSUs be also transferred to CAT, PAT and HAT. All writs arising
out of Central or state labor tribunals and by employees of High Court be also transferred
to CAT, PAT & HAT.
3. Even
otherwise, it is highly illogical and preposterous that a civil Judge is
handling cases of unlimited pecuniary jurisdiction, Sessions courts are
handling cases of heinous nature like murder etc but cases like adverse
remarks, transfer, chargesheet, promotion of employees are burdened on High
Courts. This is adversely affecting criminal justice system when serious cases
like criminal appeals, revisions etc are pending for long.
4. Appeals
arising out of these CAT, AFT, PAT & HAT be heard by National
Administrative Tribunals headed by retired SC Judges for which separate
suggestion is being sent to Ministry of Law.
5. The
function of High Courts is to deal with cases involving “Law” i.e. cases
arising out of “Acts” and to answer questions of law. And the work and function
of H’ High Courts be restricted to such cases at least in civil matters.
KD
Aggarwal
Advocate.
